CA’s name in CBI’s ‘Undesirable Contact Men’ List: Delhi HC directs CIC to Reconsider RTI Plea [Read Order]

In a recent ruling, the Delhi High Court has directed the Central Information Commissioner ( CIC ) to reconsider the RTI plea of a Chartered Accountant ( CA ) with regards to the inclusion of his name in the ‘Undesirable Contact Men’ ( UCM ) List of Central Bureau of Investigation ( CBI ) considering human rights of the petitioner.

The bench of Justice Sachin Datta observed that “the applicability of the proviso to Section 24(1) of the RTI Act on the ground of violation of the petitioner’s human rights, was neither raised by the petitioner before the appellate authority nor examined by the authority while rendering the impugned order. In view thereof, the Court deems it appropriate to remand the matter to the Central Information Commission (CIC) for a fresh determination.”

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The Petitioner - CA approached the court through writ petition against the order passed by the CIC. The impugned order dismissed the petitioner’s second appeal under the Right to Information Act, 2005 (RTI Act).

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The petitioner, a practicing Chartered Accountant based in New Delhi, found his name listed as an “Undesirable Contact Man” (UCM) in a list allegedly circulated by the CBI and later published in newspapers and uploaded on the CBI’s official website. The list cautioned government officials against associating with individuals named therein, thereby severely damaging the petitioner’s professional reputation.

He claims that as a consequence, his empanelment with the Income Tax Department for conducting special audits under Section 142(2A) of the Income Tax Act was discontinued, resulting in huge financial and professional setbacks.

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In response, the petitioner filed a detailed RTI application dated 19.07.2016, seeking information on the authenticity, purpose, criteria, and legal backing of the UCM list, as well as the reasons for his inclusion. The application was initially received by the CBI’s Anti-Corruption Branch but was later transferred to the CBI Headquarters and subsequently to the Policy Division, citing the matter as policy-related.

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The petitioner challenged the arbitrary inclusion of his name in the CBI's UCM list without prior notice or an opportunity to be heard, asserting a violation of natural justice and human rights.

In addition, he contended that a newspaper report, allegedly mentioning his name in the list, gained official legitimacy when republished on the CBI’s website, bearing its emblem. The petitioner cited the reputational damage and professional setbacks suffered due to the publication, the petitioner argued that the case falls within the human rights violation exception under the proviso to Section 24(1) of the RTI Act.

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While the CBI claimed exemption under Section 24, the Court noted that the petitioner had a prima facie case of human rights violation, supported by judicial precedents.

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The court observed that the CIC had failed to consider this aspect in its order and therefore remanded the matter to the CIC for fresh adjudication on whether the information sought falls within the exception under Section 24(1) of the RTI Act. The petition was accordingly disposed of.

To Read the full text of the Order CLICK HERE

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